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PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Delhi Pollution Control Committee – Appellant
Versus
Lodhi Property Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. introduction to the case and background. (Para 1 , 3) |
| 2. application of pollution control laws. (Para 2) |
| 3. single judge’s unfavorable ruling on penalties. (Para 4) |
| 4. division bench upholds single judge's decision. (Para 5) |
| 5. arguments from both parties on regulatory powers. (Para 6 , 7) |
| 6. core question regarding powers of regulatory boards. (Para 8 , 9 , 10) |
| 7. distinction between restitution and punitive action. (Para 17 , 18 , 29) |
| 8. distinction between punitive measures and compensatory actions. (Para 20 , 27) |
| 9. court's conclusions regarding regulatory powers. (Para 28 , 30 , 37 , 38 , 39) |
JUDGMENT :
(1) Introduction
2. Having considered the principles that govern Indian environmental laws, we have held that the environmental regulators, the Pollution Control Boards exercising powers under the Water and Air Acts, can impose and collect restitutionary or compensatory damages in the form of fixed sum of monies or require furnishing of bank guarantees as an ex-ante measure to prevent potential environmental damage. These powers are incidental and ancillary to the empowerment under Sections 33A and 31A of the Water and Air Acts. At the same time, we have directed that t
The court established that environmental regulators can impose compensatory damages as preventive measures under the Water and Air Acts, distinct from punitive penalties, reinforcing the Polluter Pay....
The Rajasthan State Pollution Control Board lacks authority to impose environmental compensation without legislative backing and established procedures. Judicial pronouncements dictate the need for s....
The Rajasthan State Pollution Control Board cannot impose Environmental Compensation without legislative authority, necessitating subordinate legislation for its calculation and imposition.
Principles of natural justice must be followed in administrative decisions, granting parties the right to contest allegations, particularly when sanctions affect them materially.
The decision to prosecute for contravening the provisions of the Act is the power of the State Board alone, and the non-production of the resolution and/or decision of the Board to prosecute the resp....
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